Tenant breached lease by 5 months, with notice. Security deposit?

therenoguy

Inspired Forum Member
Registered
Sorry to waste anyone's time, but I have purchased a copy of the LTA and can't find this specific circumstance.



I have a signed one year lease with my tenant(I use the 6 page REIN residential tenancy lease) which expires December 31, 2014.



They gave me a month's notice and vacated August 1.



I think that this constitutes a substantial breach of the lease, and therefore they should get no security deposit back.



What are the thoughts of you experts, and it would be great if you could point me in the right direction as to what the LTA Says.



Im in Alberta, by the way.

Thanks all.
 

Thomas Beyer

Senior Forum Member
REIN Member
It is your obligation to re-rent. If you can re-rent and have no vacancy and there is no property damage or repair they would get their security deposit back. If you have a half month vacancy and no repair they'd get half back. If you rent for Sept. 1 only you can keep it, and if repairs on top of that you could invoice them for that, too. Collection is another matter, of course.
 

Sherilynn

Real Estate Maven
REIN Member
I would add that you should speak to the tenants to remind them that they are legally responsible for the rent until the end of their lease or until you find a suitable replacement tenant, and that the best way for them to help you get it re-rented as quickly as possible is for them to keep the property in showable condition at all times, and for them to allow short-notice showings (arranged through text, email, or phone) whenever possible. That gives you the best chance to mitigate your losses, thereby reducing (or eliminating) the money that they will owe you.
 
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